EXHIBIT 10.2
Form
Agreement
COCA-COLA ENTERPRISES
INC. EXECUTIVE SEVERANCE PLAN
RELEASE OF CLAIMS AND
NONCOMPETITION AGREEMENT
In accordance
with the terms of the Coca-Coca Enterprises Inc. Executive
Severance Plan (the “Plan”), _________________ (the
“Executive”) is entitled to the following payments and
benefits from Coca-Cola Enterprises Inc. or one of its affiliates
(the “Company”) upon the Executive’s termination
of employment:
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Severance pay
of $________, paid in ____ equal monthly installments of $________,
comprised of
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$_______
representing ____ months base salary;
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$_______ annual
bonus payable at 80% of target; and
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$_______ to
assist with future medical coverage.
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Payment in lieu
of the 20__ Management Incentive Plan annual bonus, calculated as
80 percent of the bonus that would otherwise have been payable
based on actual performance, paid in a lump sum in the year
following the year of termination;
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Waiver of any
service-based vesting requirements on a pro rata portion of
outstanding restricted stock or stock units.
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The payments
and benefits described above, which the Executive acknowledges that
he or she would not otherwise be entitled to receive, are in
consideration of and contingent on the Executive executing and not
revoking the release of claims and noncompetition covenants
contained in this Agreement (the “Agreement”), as well
as the Executive’s compliance with the other terms and
obligations under the Plan, including, without limitation, the
confidentiality, nonsolicitation, nondisparagement, return of
Company records and property, and cooperation requirements
contained in the Plan. The Executive also acknowledges that all
payments under the Plan are subject to tax withholding applicable
to wages.
The Executive
agrees, for the Executive, the Executive’s spouse, heirs,
executor or administrator, assigns, insurers, attorneys and other
persons or entities acting or purporting to act on the
Executive’s behalf, to irrevocably and unconditionally
release, acquit and forever discharge the Company, its affiliates,
subsidiaries, directors, officers, employees, shareholders,
partners, agents, representatives, predecessors, successors,
assigns, insurers, attorneys, benefit plans sponsored by the
Company and said plans’ fiduciaries, agents and trustees
(collectively “Company Parties”), from any and all
actions, cause of action, suits, claims, obligations, liabilities,
debts, demands, contentions, damages of any nature whatsoever,
judgments, levies and executions of any kind, whether in law or in
equity, known or unknown, which the Executive now has, owns or
holds, or claims to have had, own or hold, or which the Executive
at any time prior to now had, owned or held, or claimed to have,
own or hold against any of the Company Parties or in any way
connected to the Executive’s employment with the Company.
This release specifically includes, without limitation, any tort,
contract, fraud or constitutional claim; any claim based on
wrongful discharge, breach of contract, violation of public policy,
interference with legal rights, or prom
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